National Green Tribunal
Rathindra Majumdar & Another vs West Bengal Pollution Control Board on 19 September, 2022
Item No.06 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(Through Video Conferencing)
M.A. No.03/2022/EZ
In
Original Application No.91/2020/EZ
1. Rathindra Majumdar,
S/o Late Jagabandhu Majumdar
Residing at Village-Telinaopara,
Post Office-Parulia, Police Station-
Purbasthali, Dist. Purba Bardhaman,
West Bengal-713513
2. Dipendu Majumdar,
S/o Rathindra Majumdar,
Residing at Village-Telinaopara,
Post Office-Parulia, Police Station-
Purbasthali, Dist. Purba Bardhaman,
West Bengal, West Bengal-713513
.....Applicant(s)
Versus
1. The Chief Secretary, Government of West Bengal
Having his office at "Nabanna"
325, Sarat Chatterjee Road,
Howrah-711102, West Bengal [deleted vide order dated 28.07.2021]
2. The Secretary, Department of Environment,
Having his office at West Bengal Pollution Control Board,
Paribesh Bhawan, 10A, Block-LA, Sector-III, Salt Lake City,
Kolkata-700106
3. The Chairman, West Bengal Pollution Control Board,
Having office at Paribesh Bhawan, 10A, Block-LA,
Sector-III, Salt Lake City, Kolkata-700106
4. The Principal Secretary, West Bengal Pollution Control Board,
Having office at Paribesh Bhawan, 10A, Block-LA,
Sector-III, Salt Lake City, Kolkata-700106
5. The District Magistrate, Purba Bardhaman,
Having his office at 248, Kachhari Road, Post Office-
Burdwan, Dist. Purba Bardhaman, West Bengal-713101
6. The Block Development Officer,
Purbasthali-II, having office at Patuli, Post Office Patuli,
Police Station Purbasthali, Dist. Purba Bardhaman,
West Bengal-713512
1
7. The Sub Divisional Officer, Kalna,
Post Office Kalna, Dist. Purba Bardhaman,
West Bengal-713409
8. The General Manager,
District Industrial Centre and Ex Officio
Environment Officer, Purta Bhaban,
5th Floor, Sadar Ghat, P.O. Bardhaman,
Dist. Purba Bardhaman, West Bengal-713101
9. Ramendra Majumder
S/o Manindra Kumar Majumder, Village Telinipara,
Post Office Parulia, Police Station Purbasthali,
Dist. Purba Bardhaman, West Bengal-713513
.....Respondent(s)
Date of hearing: 19.09.2022
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE MR. SAIBAL DASGUPTA, EXPERT MEMBER
For Applicant(s) : Mr. Pranit Bag, Advocate and Mr. Anuj Kumar Mishra,
Advocate (in Virtual Mode)
For Respondent(s) : Mr. Sudip Kumar Dutta, Advocate for R-2,5,6,7 & 8 (in Virtual Mode),
Mr. Prithwish Busu, Advocate for R-3 & 4
ORDER
1. Heard Mr. Pranit Kumar Bag, learned Counsel and Mr. Anuj Kumar Mishra, learned Counsel have put in appearance (in Virtual Mode) for the Applicants.
2. Mr. Prithwish Basu, learned Counsel has put in appearance on behalf of Respondents Nos.3 &4, West Bengal Pollution Control Board.
3. The allegation in this Miscellaneous Application is that while disposing of the Original Application No. 91/2020/EZ, the Tribunal had given the following directions based on the recommendations made by the Committee of the West Bengal Pollution Control Board which are being reproduced herein below: -
i) The said unit must apply for the consent to operate from the Board. As the unit has been operating without consent to operate from the Board, it is hereby recommended before the 2 competent authority of the Board that the unit may be issued order for Closure, as the unit has not yet obtained Consent to operate. As per the existing categorization of the State Board the unit falls under "Green categories"; powerloom without dying and bleaching.
ii) It is also recommended to the Board to impose Environmental compensation on the unit, as it was functioning without obtaining consent to operate from the Board.
iii) Further more recommendations have been made for further control of the sound level as such are the followings: -
(a) The machine rooms should be equipped with acoustic enclosure.
(b) Inside walls of the unit should be covered with a layer of noise absorbing material.
(c) Room should be having false ceiling made up to straw boards or boards manufactured from jute stickes.
(d) The entrance door of the room should be a swing door.
(e) The room should have adequate ventilation arrangement.
(f) The unit may be allowed to operate only after obtaining consent of the State Board and strict compliance of further recommended measures as stated herein. The copy of the said inspection report is enclosed hereto and marked with the letter as 'R-1'."
4. The Tribunal had also noted in para 7 of its order that the electricity connection of the industry was directed to be disconnected forthwith and by another order dated 27.07.2021 it was also directed that the unit shall comply with the State Board 3 order dated 06.07.2021 regarding closure and disconnection of electricity. The unit was further directed to submit Environmental Compensation of Rs. 50,000/- (Rupees Fifty Thousand only).
5. In para 10 of the order, the Tribunal further directed that in case the unit wants to start its operations, it will comply the directions given by the Committee in its report dated 02.07.2021.
6. The contention of the Applicant is that the Unit has again become operational with the same level of noise pollution and the directions given by the Tribunal have not been complied with.
7. On these allegations, the Tribunal had directed the West Bengal Pollution Control Board to inspect the Unit and submit its report on affidavit and if it finds the Unit to be operating in violation of the directions given by the Tribunal, it shall determine the Environmental Compensation as well as the remedial action and penalty in accordance with law and ensure that the Unit remains closed till compliance of the environmental norms as noted by the Committee in its report.
8. Affidavit dated 29.08.2022 has been filed by Respondent Nos.3 & 4, West Bengal Pollution Control Board. Along with this affidavit an Inspection Report has been filed of an inspection carried out on 22.07.2022. The Inspection Report reads as under: -
1 Name & Address of M/s. Madhabi Textile, the unit Prop. Ramendra Majumder, Vill. Telineopara, P.O. Parulia, P.S. Purbasthali, Dist. Purba Bardhaman, PIN-713513 Mobile no.9749752902 2 Name of the Sri Rathindra Majumder, 4 complainant Vill. Telineopara, P.O. Parulia, P.S. Purbasthali, Dist. Purba Bardhaman, PIN-713513 3 Police Station Purbasthali 4 Local Body Kalekhantala-II Gram Panchayat 5 Electricity Authority WBSEDCL 6 Date & Time of 22/07/2022, 4.15 p.m. onwards inspection 7 Inspected by Sri Sudipto Banerjee, AEE, Durgapur R.O. Sri Kalyan Modak, JEE, Durgapur R.O. 8 Persons met during Complainants: Sri Rathindra inspection Majumder On behalf of the unit: Sri Ramehdra Majumder (Proprietor) 9 Introduction and brief This is a recurring complaint against Physiographic the alleged noise pollution from a tiny Description power loom located under Kalekhantala-II Gram Panchayet.
Both the complainant's family, as well as the family members of the proprietor of the unit reside in a single two storied ancestral building, subsequently partitioned. The complainant's portion is situated diagonally along the south-eastern side (with respect to the power loom) separated by a vacant space of about 33 ft.
During inspection the unit was found in operation.
10 Submission of During inspection the complainant complainants submitted that his grievances are not yet redressed and he will take all possible steps so that the unit is 5 permanently closed in the future.
Sri Rathindra Majumder did not allow the inspecting official of the Board to measure the sound level from the earlier measured place i.e. Ground Floor Bed Room, First Floor Bed Room and Second Floor Terrace of his residence.
Instead Sri Rathindra Majumder stated that sound level has to be measured from the place as per his decision. He stated that he is now constructing a new building along posterior side of his existing building (towards north) just adjacent to the power loom of Sri Ramendra Majumder. Sri Rathindra Majumder and his family members requested the inspecting official to measure the sound level from:
1. The new building under construction along the northern side.
2. Vacant plot on the further northern side (of the new building under construction) where Sri Rathindra Majumder planned to construct another building in the future.
11 Observation The unit has four nos. power loom machines (each having motor of capacity 0.5 H.P.) and one no. 'nali-Making' machine.
The 4 nos. power loom machines are located in a room of size 29 ft X 16 ft and the 'Nali making machine' is 6 located in the other room of size 10 ft X 16 ft. The said two rooms are located under a single shed bifurcated by a 5"
thick brick wall.
The unit has already sealed all the openings along the eastern side (i.e. towards the complainant's residence).
The unit has already affixed ply boards and thermocol sheets along the inside walls of the unit premises.
The unit has also erected a false ceiling with ply boards and thermocol sheets.
The only one no. window present along the northern side was found closed (but not permanently sealed).
The State Board issued a Direction vide Memo No.432- 374/WPCB/O&E/2019 dated 27/07/2021 directing the unit to submit an EC (Environmental Compensation) of Rs.50,000/- (Fifty thousand only) in favour of WEST BENGAL POLLUTION CONTROL BOARD for operating without Consent to Operate of the State Board.
The unit has deposited the EC amount.
The unit has already obtained the Consent to Operate from the Office of the District 7 Industries Centre, Purba Bardhaman, vide memo no.605/COO/DIC/Purba Bardhaman/2021-22 dated 29.12.2021 valid up to 30th June, 2025.
During inspection, it was observed that the complainant is constructing a new single storied building on the posterior side of his own building, just adjacent to the power loom of Sri Ramendra Majumder (8-10ft gap).
The new building comprised of a single room and found already constructed up to roof top but inside finishing work like flooring is yet to be completed. The building is yet to be inhabited.
Although this new building (under construction) towards the posterior side of the complaint's residence is yet to be inhabited, still sound level was measured as per the request of the complainant. The result is tabulated below:
Location Eastern Western Northern side side side entrance window window of the opening opening new of new of new building building building adjacent to power loom Sound 55-56 63-64 61-62 Level in dB(A) during operation of all four nos.8
power looms The ambient sound level during non- operation of the unit was recorded as 51-52 dB(A).
12 Remarks Like earlier inspections, the Board's inspecting officials desired to measure the sound level from the complainant's existing residence.
However, complainant made objection to the inspecting officials in measuring the sound level from his existing residence. Therefore, it could not be ascertained whether the grievance of the complainant regarding sound pollution in his existing residence has been redressed.
9. The learned Counsel for the Applicants was served with the copy of the affidavit dated 29.08.2022 filed by West Bengal Pollution Control Board on 30.08.2022 and therefore, he prayed for two weeks time for filing rejoinder affidavit.
10. Time as prayed was granted but till date no rejoinder affidavit has been filed and Mr. Anuj Kumar Mishra, learned Counsel for the Applicants is again praying for time for filing rejoinder affidavit. We are not inclined to grant any further time to the Applicant for filing rejoinder affidavit since, the Applicant has already had 20 days' time.
11. A perusal of the Inspection Report would show that the Unit has four power loom machines and one Nali-making machine. The power loom machines are located in a room of size 29 ft X 16 ft and Nali-making machine is located in another room of size 10 ft X 16 ft. The two rooms are located under single shed divided by 5" thick 9 brick wall. All the openings along the eastern side i.e. towards the complainant's residence are sealed. Ply boards and thermocol sheets have been fixed on the inside walls of the Unit premises. False ceiling with ply board and thermocol sheets have been set up. Only one window is present on the northern side which was found closed but not permanently sealed. The Unit was imposed Environmental Compensation of Rs.50,000/- (Rupees Fifty thousand only) for operating without Consent to Operate (CTO) which the Unit is stated to have deposited vide Demand Draft No.906342 dated 06.08.2021.
12. It is also stated that the Unit has obtained Consent to Operate (CTO) from the Office of the District Industries Centre, Purba Bardhaman dated 29.12.2021 valid upto 30.06.2025. The Inspection Report further mentions that when the inspection team went for inspection of the site, it was found that the complainant's family as well as the family members of the Proprietor of the Unit resided in a single storied ancestral building which has been partitioned and the complainant's portion is situated diagonally along the south-eastern side from the power loom separated by a vacant space of about 33 ft. The inspecting team has also observed that the Applicant/complainant did not allow the inspecting officials of the Board to measure the sound level from the earlier measured place i.e. Ground Floor Bed Room, First Floor Bed Room and Second Floor Terrace of his residence. Instead he insisted that the sound level has to be measured from the place as per his decision. He is also stated to have informed the inspecting team that now he is residing in a new building along the posterior side of 10 his existing building just adjacent to the power loom of Sri Ramendra Majumder, Respondent No.9.
13. The inspecting team has noted that the new single storied building of the complainant which is under construction is coming up on the posterior side of his own building, just adjacent to the power loom of the Respondent No.9 and there is a gap only of 8-10 ft between the complaint's new construction and the Unit of the Respondent No.9. In the new building a single room has already been constructed upto the roof but inside finishing work like flooring is yet to be completed.
14. The Inspection Report will further disclose that the prescribed Ambient Sound Level during non-operation of the Unit was recorded as 51-52 dB(A) whereas the sound level during operation of all the four power loom machines on the Eastern side entrance of the new building is 55-56 dB(A) on the Western side window opening of the new building is 63-64 dB(A) and the sound level on the Northern side window opening of the new building is 61-62 dB(A).
15. Mr. Prithwish Basu, learned Counsel appearing on behalf of the West Bengal Pollution Control Board also referred to the Noise Pollution (Regulation and Control) Rules, 2000 and submitted that Rule 5 sub-Rule (4) of the said Rules lays down that the noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower. Rule 5 sub-Rule (4) of Noise Pollution (Regulation and Control) Rules, 2000 reads as under: - 11
"(4) The noise level at the boundary of the public place, where loudspeaker or public address system or any other noise source is being used shall not exceed 10 dB(A) above the ambient noise standards for the area or 75 dB(A) whichever is lower."
16. From the noise levels measured at the Unit of the Respondent No.9 it is observed that none of the parameters whether on the Eastern side entrance or Western side window opening or Northern side window opening exceeds 10 dB(A) above the Ambient Noise Standards for the area. The ambient sound level during non- operation of the Unit has been recorded as 51-52 dB(A). The West Bengal Pollution Control Board has also filed photographs of the premises in question showing the under construction new building of the complainant and the complainant's existing residence vis-a- vis the power loom.
17. In this view of the matter, nothing further remains for adjudication in the present case and the M.A. No.03/2022/EZ is accordingly dismissed.
18. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ................................... Saibal Dasgupta, EM September 19, 2022, M.A. No. 03/2022/EZ In Original Application No.91/2020/EZ MN 12